MATTER OF DOLAN


176 A.D.2d 1019 (1991)

In the Matter of The Estate of Martha J. Dolan, Deceased. H. Bradley Smith, as Administrator of The Estate of Martha J. Dolan, Deceased, Appellant; Alphonsus Grogan, as Executor of Mary Turbridy, Deceased, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 17, 1991


Yesawich Jr., J.

Petitioner's commissions as administrator of decedent's estate were surcharged primarily because of his alleged negligence in failing to discover United States Savings Bonds bearing the joint names of decedent and her predeceased brother which were in decedent's dwelling. The bonds, which at decedent's death had a value of $73,000, were found by Carl Vernon and Florence Vernon when they purchased the house and its contents. To avoid protracted...

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